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DOCUMENTS 

DEPT. 


NOV    9    1914 


AN  ACT  to  Create  a  Workman's  Compensation  Fund  and  to  Pro 
vide  a  j>ig_thod  of  Compensation  for  Employes  wno  May  Be 
Jnjured,  or  the  Dependents  of  Those  Killed  in~the~Coufse  ol 
their  Employment  from  said  Fund,  to  be  raised  and  paid  into 
the  hands  of  the  State  Treasurer,  as  herein  provided,  and  to 
define  and  fix  the  rights  of  employes  and  employers  and  to 
define  the  defenses  that  may  be  made  by  employers  in  actions 
for  damages  arising  from  death  or  personal  injury  of  their 
employes,  and  to  provide  a  method  of  raising  said  fund,  and  to 
create  a  Board  of  Commissioners  to  administer  said  fund  and 
to  define  the  rights,  powers  and  duties  of  said  Board  of  Com- 
missioners. 

Be  it  enacted  by  the  Generdl  Assembly  of  the 
Commonwealth  of  Kentucky  i 

§  1.  That  a  Board  of  Commissioners  is  hereby 
created  to  be  known  as  ^'The  Workmen's  Compensa- 
tion Board"  to  administer  the  funds  for  the  com- 
pensation of  injured  workmen,  and  the  dependents 
of  killed  workmen,  as  herein  provided.  Said  Board 
shall  consist  of  three  members,  who  sliall  be  the  At- 
torney General,  the  Commissioner  of  Insurance,  and 
the  Commissioner  of  Agriculture,  Labor  and  Statis- 
tics of  the  Conunonwealth  of  Kentucky,  w^ho  shall 
receive  seventy-five  dollars  each,  per  month,  pay- 
able out  of  the  Compensation  Fund. 

§  2.  The  Board  shall  keep  and  maintain  in  its 
main  office  in  the  City  of  Frankfort,  Kentuckj^,  and 
shall  provide  suitable  rooms,  necessary  office  furni- 
ture, supplies,  books,  periodicals,  and  maps  for  the 
same.  All  necessary  expenses  shall  be  audited  and 
paid  out  of  the  Workmen's  Compensation  Fund 
created  under  this  Act.  It  shall  provide  itself  with 
a  seal  for  the  authentication  of  its  orders,  awards 
and  proceedings,  on  which  shall  be  inserted  the 
words  :^*  Workmen's  Compensation  Board,  State  of 
Kentucky,  Official  Seal."   The  Board. may  hold  ses- 


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sions  at  any  place  within  the  State.     Said   Board 
shall  have  the  power  to  sue  and  be  sued. 

§  3.  The  Board  shall  elect  one  of  its  members 
President,  and  members  shall  receive  the  amount 
named  in  section  one  for  their  services.  Their  actual 
and  necessary  traveling  expenses  in  the  discharge 
of  their  duties  shall  be  itemized  and  approved  by 
the  Board,  and  certified  by  the  Auditor  of  Public 
Accounts,  and  shall  be  paid  as  now  paid  to  other 
State  officials.  The  Board  shall  elect  a  Secretary, 
who  shall  hold  his  office  at  the  pleasure  of  the  Board 
and  who  shall  receive  for  his  services  an  annual  sal- 
ary not  to  exceed  Twenty-five  Hundred  Dollars,  to 
be  paid  put  of  the  Workmen's  Compensation  Fund 
created  under  this  Act. 

§  4.  The  Board  may  employ  actuaries,  account- 
ants, inspectors,  examiners,  experts,  clerks,  physi- 
cians, stenographers  and  other  assistants  and  ^x 
their  compensation.  Such  employment  and  compen- 
sation shall  be  first  approved  by  the  Governor,  and 
shall  be  paid  out  of  the  Workmen's  Compensation 
Fund  created  under  this  Act.  The  Secretary,  actuar- 
ies, accountants,  inspectors,  examiners,  experts, 
clerks,  physicians,  stenographers  and  other  assist- 
ants that  may  be  employed  shall  be  entitled  to  re- 
ceive from  the  Workmen's  Compensation  Fund 
created  under  this  Act  their  actual  and  necessary 
expenses  while  traveling  on  the  business  of  the 
Board,  and  the  members  of  the  Board  may  confer 
wdth,  and  meet  with,  officers  of  other  States  and  offi- 
cers of  the  United  States  on  matters  pertaining  to 
their  official  duties.  Such  expenses  shall  be  itemized 
and  sworn  to  by  the  person  who  incurred  the  ex- 
pense, and  allowed  by  said  Board. 

§  5.  The  said  Board  shall  meet  every  Monday 
for  the  transaction  of  all  business,  and  when  neces- 
sary, the  Secretary  shall  call  said  Board  together  to 
consider  and  transact  such  business  as  may  be  be- 
fore it.    All  proceedings  of  the  Board  shall  be  shown 


on  its  records  of  proceedings,  which  shall  be  a  pub- 
lic record  and  shall  contain  a  record'  of  each  case 
considered  and  the  award  made,  with  respect  there- 
to, and  all  voting  shall  be  had  by  the  calling  of  each 
member  ^s  name  by  the  Secretary,  and  each  vote  shall 
be  recorded  as  cast. 

§  6.  A  majority  of  the  Board  shall  constitute  a 
quorum  for  the  transaction  of  business  and  vacan- 
cies shall  not  impair  the  right  of  the  remaining  mem- 
bers to  exercise  all  the  powers  of  the  full  Board,  so 
long  as  a  majority  remains.  Any  investigation,  in- 
quiry or  hearing  which  the  Board  is  authorized  to 
hold  or  undertake,  may  be  held  or  undertaken  by  or 
before  any  one  member  of  the  Board.  All  investi- 
gations, inquiries,  hearings  and  decisions  of  the 
Board,  and  every  order  made  by  a  member  thereof, 
when  approved  by  a  majority  of  the  members  and! 
so  shown  on  the  record  of  its  proceedings,  shall  be 
deemed  to  be  the  order  of  the  Board. 

§  7.  The  Board  shall  adopt  reasenable  and 
proper  rules  to  govern  its  procedure,  regulate  and 
provide  for  the  kind  and  character  of  notice  and  the 
service  thereof,  in  case  of  accident  and  injury  to  em- 
ployes, the  nature  and  extent  of  the  proof  and  evi- 
dence and  the  methods  of  taking  and  furnishing 
same,  to  establish  the  rights  to  benefits  or  compen- 
sation from  the  fund  hereinafter  provided  for,  the 
form  of  application  of  those  claiming  to  be  entitled 
to  benefits  or  compensation  therefrom ;  the  method's 
of  making  ph^^sical  examinations  and  inspections 
and  prescribe  the  time  within  which  adjudications 
and  awards  shall  be  made. 

§  8.  Each  member  of  the  Board,  the  Secretary 
and  every  inspector  or  examiner  appointed  by  the 
Board,  shall,  for  the  purpose  contemplated  by  this 
Act,  have  power  to  administer  oaths,  certify  to  offi- 
cial acts,  take  depositions,  j^ssue  subpoenas  and  com- 
pel the  attendance  of  witnesses  and  the  production 


of  pertinent  books,  accounts,  papers,  records,  docu- 
ments and  testimony. 

§  9.  In  the  case  of  failure  or  refusal  of  any  per- 
son to  comply  with  the  order  of  the  commission  or 
subpoena  issued  by  it  or  one  of  its  inspectors  or  ex- 
aminers, or  on  the  refusal  of  a  witness  to  testify  to 
any  matter  regarding  which  he  may  be  lawfully  in- 
terrogated, or  refuse  to  permit  an  inspection,  as 
aforesaid,  the  Circuit  Judge  of  the  county  in  which 
the  person  resides,  on  application  of  any  member  of 
the  commission  or  any  inspector  or  examiner  ap- 
pointed by  it,  shall  compel  obedience  by  attachment 
proceedings  as  for  contempt,  as  in  the  case  of  dis- 
obedience of  the  requirements  of  a  subpoena  issued 
from  such  court  or  a  refusal  to  testify  therein. 

§  10.  Each  officer  who  serves  a  subpoena  shall 
receive  the  same  fees  as  a  sheriff,  and  each  witness 
who  appears  in  obedience  to  a  subpoena  before  the 
commission  or  inspector  or  examiner,  or  before  the 
Board,  shall  receive  for  his  attendance  the  fees  and 
mileage  provided  for  witnesses  in  civil  cases  in  cir- 
cuit courts,  which  shall  be  audited  and  paid  from 
the  Workmen's  Compensation  Fund,  in  the  same 
manner  as  other  expenses  are  audited  and  paid  upon 
the  presentation  of  proper  vouchers  approved  by  any 
two  members  of  the  commission.  No  witness  sub- 
poenaed at  the  instance  of  a  party  other  than  the 
commission  or  an  inspector,  shall  be  entitled  to  com- 
pensation from  the  Workmen's  Compensation  Fund, 
umless  the  commission  shall  certify  that  his  testi- 
mony was  material  to  the  matter  investigated. 

§  11.  In  an  investigation,  the  commission  may 
cause  depositions  of  Avitnesses  residing  within  or 
without  the  State  to  be  taken  in  the  manner  pre- 
scribed by  law  for  like  depositions  to  be  used  in  the 
circuit  court. 

§  12.  A  transcribed  copy  of  the  evidence  and 
proceedings  or  any  specific  part  thereof,  on  any  in- 
vestigation, taken  by  a  stenographer  appointed  by 


the  commission,  being  certified  and  sworn  to  by  said 
stenographer  to  be  a  true  and  correct  transcript  of 
the  testimony  in  the  investigation,  or  of  a  particular 
witness,  or  of  a  specific  part  thereof,  or  to  be  a  cor- 
rect transcript  of  the  proceedings  had  on  said  in- 
vestigation, so  purporting  to  be  taken  and  sub- 
scribed, may  be  received  in  evidence  by  the  com- 
mission with  the  same  effect  as  if  such  stenographer 
were  present  and  testified  to  the  facts  certified.  A 
copy  of  such'  transcript  shall  be  furnished  on  de- 
mand to  any  party  on  payment  of  the  fee  therefor, 
as  provided  for  transcripts  in  the  circuit  court. 

§  13.  The  Board  shall  prepare  and  furnish,  free 
of  charge,  blank  forms  and  provide  in  its  rules  for 
their  distribution,  so  that  the  same  may  be  readily 
available,  of  applications  for  benefits  for  compensa- 
tion from  the  Workmen's  Compensation  Fund,  no- 
tice to  employers,  proofs  of  injury  or  death,  or  med- 
ical attention,  of  employment  and  wage  earnings, 
and  such  other  blanks  as  may  be  deemed  proper 
and  advisable,  and  it  shall  be  the  duty  of  employers 
to  constantly  keep  on  hand  a  sufficient  supply  of 
such  blanks. 

§  14.  All  persons,  firms  and  corporations,  regu- 
larly emplo}dng  six  or  more  persons  for  profit  for 
the  purpose  of  carrying  on  any  form  of  industry 
hereinafter  mentioned,  in  the  State  of  Kentucky,  are 
employers  within  the  meaning  of  this  Act  and  are 
subject  to  its  provisions.  All  persons  in  the  service 
of  employers,  as  herein  defined,  and  employed  by 
them  for  the  purpose  of  carrying  on  the  industries 
hereinafter  mentioned,  in  wliich  they  are  engaged 
(persons  casually  employed,  excepted),  are  employes 
within  the  meaning  of  this  Act  and  subject  to  the 
provisions  thereof ;  Provided,  that  this  Act  shall  not 
apply  to  employers  of  employes  in  domestic  or  agri- 
cultural service,  to  employes  of  any  employer  w^ho 
are  employed  wholly  without  the  State,  nor  shall  a 
member  of  a  firm  of  employers  or  any  officer  of  a 


6 

corporation  employer  be  deemed  an  employe  within 
the  meaning  of  this  Act. 

§  15.  The  industries  which  are  subject  to  this 
Act  are  classified  as  follows: 

(1)  Coal  mines,  including  their  tipples,  power, 
light,  heating  and  ventilating  plants,  tramways,  pri- 
vate tracks  and  siding  and  accessory  and  auxiliary 
plants,  working  in  Or  with  by-products. 

(2)  Paint  manufactories,  oil  refineries,  oil  and 
gas  wells  including  their  pipe  lines,  storage,  power 
or  light  plants,  tramways,  private  tracks  and  sid- 
ings, and  accessory  and  auxiliary  plants  working  in 
or  with  by-products. 

(3)  Iron  and  steel  mills,  including  blast  furnaces, 
smelters,  tube  works,  rolling,  mills,  and  their  acces- 
sory and  auxiliary  plants,  working  or  with  by-pro- 
ducts, and  plants  generating  power,  light  or  heat, 
and  tramways,  private  tracks  and  sidings. 

(4)  Sheet  and  tin  plate  mills,  including  their  ac- 
cessory and  auxiliary  plants,  working  or  with  by- 
products, and  plants  generating  power,  light  or  heat, 
and  tramways,  private  tracks  or  sidings. 

(5)  Foundaries,  machine  shops,  firearm  factor- 
ies, tool  factories,  car  building  and  repairing,  struc- 
tural iron  works,  and  working  or  with  iron  or  steel, 
not  otherwise  specified,  when  power  driven  mach- 
inery is  used,  together  with  their  necessary  and  aux- 
iliary plants  working  in  or  with  by-products,  and 
plants  generating  power,  light  or  heat,  and  tram- 
ways, private  tracks  and  sidings. 

(6)  Stamped  metal  works,  can  factories,  enamel 
iron  works,  and  workings  in  or  with  sheet  iron  or  tin 
plates,  not  otherwise  specified  where  power  driven 
machinery  is  used,  together  with  their  accessory 
and  auxiliary  plants  working  in  or  with  by-pro- 
ducts, and  plants  generating  power,  light  or  heat, 
and  tramways,  private  tracks  and  sidings. 

(7)  Logging — Logging  railroads  and  tramways, 
saw  mills,  including  their  accessory  and  auxiliary 


plants  working  or  with  by-products,  and  plants 
generating  power,  light  or  heat,  and  tramways,  pri- 
vate tracks  and  sidings. 

(8)  Planing  mills,  wood  pulp,  cordage  and  paper 
mills,  box  factories,  cooperage  plants,  furniture  fac- 
tories, woodenware  or  wood  fibre  ware  manufactor- 
ies, vehicle  works  of  every  kind,  including  their  ac- 
cessory and  auxiliary  plants  working  or  with  by-pro- 
ducts, and  p^lants  generating  power,  light  or  heat, 
and  tramways,  private  tracks  and  sidings. 

(9)  Glass  houses  of  all  kinds,  including  manu- 
factories of  tableware,  bar  goods,  bottles,  tumblers, 
glass  light  fixtures,  parts,  lamps,  window  and  plate 
glass,  potteries  of  all  kinds  including  tile,  brick,  terra 
cotta,  fire  clay,  earthenware,  porcelain,  china,  crock- 
ery-ware using  automatic  macMnery  together  with 
accessory  and  auxiliary  plants  working  or  with  by- 
products, and  plants  generating  light  or  heat,  and 
tramways,  private  tracks  and  sidings. 

(9a)  Glass  houses  of  all  kinds,  including  manu- 
factures of  tableware,  bar  goods,  bottles,  tumblers, 
gas  light  fixture  parts,  lamps,  window  and  plate 
glass,  potteries  of  all  kinds,  including  tile,  brick, 
terra  cotta,  fire  €lay,  earthenware  porcelain,  china 
and  crockeryware,  not  using  automatic  machinery, 
together  with  accessory  and  auxiliary  plants  work- 
ing in  or  with  by-products  and  plants  generating 
power,  light  or  heat,  and  tramways,  private  tracks 
and  sidings. 

(10)  Printing  plants  of  all  kinds,  electro  typing, 
photo  engraving,  engraving,  lithographing,  emboss- 
ing, book  binding,  and  accessory  and  auxiliary 
lines  of  work  and  manufacture. 

(11)  Woolen  mills,  knitting  mills,  cotton  mills, 
carpet  and  rug  mills,  clothing  manufactories  of  every 
kind  and  working  in  or  with  textiles  not  otherwise 
specified. 

(12)  Breweries,  bottling  works,  canneries  of 
fruit,  vegetables,  oils,  fish,  milk  or  meat,  manufac- 


8  . 

tories  of  preserves,  jellies,  ketclmp,  sauces,  relishes, 
pickles,  flour  and  feed  mills,  bakerie.^..  confection- 
eries, drag  and  extract  manufactories,  tobacco, 
cigar,  and  stogie  cigarette  manufactories,  in  which 
power  driven  machinery  is  used. 

(13)  Slaughter  and  packing  houses,  stock  yards, 
soap,  tallow,  lard  and  grease  manufactories,  tanner- 
ies, artificial  ice,  and  refrigerating  and  cold  storage 
plants,  creameries,  and  carbon  black  factories,  in 
which  power  driven  machinery  is  used. 

(14)  Steam  laundries,  dyeing  and  cleaning 
plants,  stamping,  embossing  and  working  with 
leather,  shoe  and  harness  manufactories,  mattresses 
and  bedding  factories,  upholstering  factories,  man- 
ufacturers of  rubber  goods,  and  auxiliary  and  acces- 
sory lines  of  work  and  manufactures  not  otherwise 
specified. 

(15)  Steam  and  other  railroads  and  transporta- 
tion systems  not  otherwise  specified. 

(16)  Street  and  interurban  railways,  whether 
propelled  by  electricity  or  other  power. 

.  (17)  Telegraph  and  telephone  plants  and  sys- 
tems, electric  light  and  power  plants  and  systems, 
steam  heat  and  i)Ower  plants  and  systems,  water 
works  systems,  gas.  works  and  systems,  grain  eleva- 
tors and  all  lig^hting,  heating  or  power  systems  not 
otherwise  specified. 

(18)  Quarries,  stone  crushers,  gravel  pits,  mines, 
other  than  coal  mines,  and  working  with  asphalt, 
cement,  stone  or  other  building  material  not  other- 
wise specified  power  propelled  ferries,  sand  diggers 
and  other  water  craft. 

(19)  Such  works,  occupations  and  manufactories 
specified  in  the  foregoing  eighteen  classifications  as 
are  operated  without  power-driven  machinery. 

(20)  Match  factories,  powder  mills,  fire-works 
factories,  and  works  in  which  articles  of  an  explos- 
ive nature  are  mixed  or  manufactured. 


(21)  Constructing  of  tunnels,  shafts,  bridges, 
trestles,  steeples,  towers,  grain  elevators,  tanks, 
water  towers,  wind  mills,  subaqueous  works,  iron 
or  steel  frame  structure,  or  parts  of  structures,  blast 
furnaces,  smoke  stacks,  cupolas  or  chimney  more 
than  fifty  feet  high,  water  works  and  systems,  elec- 
tric lights  and  power  plants  and  systems,  gas  works 
system-s,.  installation  of  steam  boilers,  engines  and 
dynamos,  steam  railroads,  logging  railroads,  street 
railwaj^s  and*  systems,  boat  building  with  scaffolds, 
floating  docks,  engineering  works,  structural  work 
on  buildings  over  three  stories  in  height,  not  other- 
wise specified,  and  drilling  of  wells. 

(22)  Construction  and  installation  of  sewers, 
fire  escapes,  freight  or  passenger  elevators,  adver- 
tising signs,  ornamental  work  on  or  in  buildings, 
metal  ceilings,  plate  or  window  glass,  electrical  wir- 
ing, stairways,  buildings  which  require  galvanized 
iron  or  tin  work,  marble,  stone  or  brick  work,  roof 
work,  slate  work,  plumbing  work,  carpenter  work, 
electric  work,  installing  automatic  sprinklers,  elec- 
tric or  fire  alarm  systems,  heating  or  ventilating 
systems,  or  machinery  not  otherwise  specified,  cover- 
ing steam  pipes  and  boilers,  road  and  street  mak- 
ing, street  or  other  grading  and  structural  work  not 
otherwise  specified. 

(23)  Such  works  or  occupations  not  specified  in 
the  foregoing  classifications  in  connection  with 
which  employer  and  employes  shall  voluntarily  ap- 
ply to  the  commission  for  the  benefit  and  protection 
of  this  Act.  And  the  board  shall  have  the  power,  on 
or  before  the  first  d'ay  of  January  and  July  of  each 
year,  to  re-classify  the  industries  subject  to  this 
Act,  or  to  create  additional  classifications  in  accord- 
ance with  their  respective  degrees  of  hazard  and 
determine  the  risk  of  different  classes  and  fix  the 
rates  or  premiums  for  each  class,  according  to  the 
risk  of  same,  sufficiently  large  to  provide  an  ade- 
quate fund  for  the  compensation  provided  for  in 


10 

this  Act  and  to  create  a  surplus  sufficiently  large 
to  guarantee  a  workmen's  compensation  fund  from 
year  to  year;  provided  that  the  rates  so  fixed  shall 
not  exceed  the  maximum  of  one  dollar  and  twenty- 
five  cents  on  each  one  hundred  dollars  of  the  gross 
annual  pay  roll  of  each  employer  in  any  class  for  the 
.  first  year  after  this  Act  takes  effect,  but  the  board 
may  increase  the  rate  if  deemed  necessary  on  the 
first  day  of  July  or  January  in  any  year.  But  in 
determining  the  rate  of  premium  the  board  shall 
consider  the  length  of  time  during  which  payment  to 
employers  or  dependents  under  the  Act  may  be  paid ; 
and  provided  that  employes  engaged  in  the  same  in- 
dustries shall  be  placed  in  the  same  class.  The  prem- 
ium required  to  be  paid  by  employers  shall  be  based 
on  the  gross  annual  pay  roll  of  each  employer  in 
any  class.  The  classification  so  determined  and  the 
rates  of  premium  established,  shall  be  applicable 
for  such  year ;  or  portion  thereof ;  and  provided  fur- 
ther that  the  purpose  of  this  Act,  the  pay  of  any  em- 
ploye employed  partly  within  and  partly  without 
the  State  shall  be  deemed  to  be  such  proportion  of 
the  total  pay  of  said  employe  at  his  service  within 
^his  State  bears  to  his  service  outside  the  same. 


§  16.  Each  employer  shall  furnish  the  Board, 
upon  request  all  the  information  required  by  it  to 
carry  out  the  purpose  of  this  Act.  The  Board  or 
any  number  thereof,  or  any  person  employed  by  the 
Board  for  that  purpose  shall  have  the  right  to  ex- 
amine under  oath,  any  employer  or  officer,  agent  or 
employe  thereof. 
■f*  §  17.  Within  thirty  days  from  the  organization 
of  the  Board,  every  employer  subject  to  this  Act, 
shall  notify  the  commission  of  such  fact.  The  Board 
shall  prepare  blank  reports  for  the  use  of  and  fur- 
nish same  to  employers  subject  to  this  Act,  and  every 
employer  receiving  from  the  commission  any  blank, 
or  blanks,  with  directions  for  filling  out  and  return- 
ing same,  shall  return  the  same  filled  out,  so  as  to 


11 

answer  fully  and  correctly  all  pertinent  questions 
there  propounded,  and  if  unable  to  do  so,  shall  give 
good  and  sufficient  reason  for  such  failure.  Answers 
to  such  questions  shall  be  verified  under  oath,  and 
returned  to  the  commission  within  the  period  fixed 
by  the  commission  for  such  return. 

§  18.  Every  employer  shall  furnish  the  Board 
upon  request  all  information  required  by  it  to  carry 
out  the  purposes  of  this  Act.  In  the  month  of  Jan- 
uary of  each  year,  every  employer  subject  to  the  Act, 
shall  prepare  and  mail  to  the  Board  at  its  main  office 
in  the  City  of  Frankfort,  Kentucky,  a  statement  con- 
taining the  following  information,  viz. :  The  number 
of  employes  employed  during  the  preceding  year 
from  January  1st,  to  December  31st,  inclusiv-e;  the 
number  of  such  employes  employed  at  each  kind  of 
employment  and  the  aggregate  amount  of  wages 
paid  to  such  employes,  which  information  shall  be 
furnished  on  a  blank  or  blanks  to  be  furnished  by  the 
Board  and  it  shall  be  the  duty  of  the  Board  to  fur- 
nish such  blanks  to  employers  free  of  charge,  upon 
request  therefor.  Every  employer  receiving  from 
the  Board  any  blanks  with  directions  to  fill  out  same 
shall  cause  the  same  to  be  properly  filled  out  so  as 
to  answer  fully  and  correctly  all  pertinent  questions 
therein  propounded  and  to  give  all  the  information 
therein  sought,  or  if  unable  to  do  so,  he  shall  give  to 
the  Board,  in  writing,  good  and  sufficient  reasons 
for  such  failure.  Any  employer  who  shall  fail  or  re- 
fuse to  furnish  to  the  Board  the  annual  statement 
herein  required,  or  who  shall  fail  or  refuse  to  fur- 
nish such  other  pertinent  information  as  may  be  re- 
quired by  the  Board,  as  provided  by  this  section, 
shall  be  liable  to  a  penalty  of  not  exceeding  five  hun- 
dred dollars  to  be  collected  in  a  civil  action 
brought  against  said  employer  in  the  name  of  the 
State.  All  such  penalties,  when  collected,  shall  be 
paid  into  the  Workmen's  Compensation  Fund  and 
become  a  part  thereof. 


12 

§  19.  The  information  contained  in  the  annual 
report  provided  for  in  the  preceding  section,  and 
such  other  information  as  may  be  furnished  to  the 
Board  by  employers,  in  pursuance  of  the  provisions 
of  any  section  hereof,  shall  be  for  the  exclusive  use 
and  information  of  said  Board  in  the  discharge  of 
its  official  duties,  and  shall  not  be  open  to  the  pub- 
lic; nor  be  used  in  any  court  in  the  section  or  pro- 
ceeding, but  the  information  contained  in  said  report 
may  be  tabulated  and  published  by  the  department 
in  statistical  form  for  the  use  and  information  of 
other  State  Departments  and  the  public.  Any  person 
who  shall  divulge  any  information  secured  by  him 
while  a  member  of  the  Board  or  an  employe  thereof 
in  respect  to  the  transactions,  property  or  busi- 
ness of  any  company,  firm,  corporation,  person,  as- 
sociation or  co-partnership,  to  any  person  other 
than  the  members  of  the  Board,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  and  shall  thereafter  be  disqualified 
from  holding  any  appointemnt  or  employment  with 
the  Board. 

§  20.  The  commission  shall  establish  a  Work- 
men's Compensation  Fund  from  the  premiums  paid 
thereto  by  the  employers  based  on  the.  pay  rolls  of 
such  employers  that  have  paid  the  premiums  ap- 
plicable to  the  clasisi  to  which  they  belong,  and  for 
the  benefit  of  the  dependents  of  such  employes,  and 
shall  adoipt  rules  and  regulations  with  respect  in 
the  collection,  maintenance  and  disbursement  of  said 
fund,  not  in  conflict  with  the  provisions  of  this  Act. 

§  21.  The  Board  shall  keep  an  accurate  account 
of  the  money  paid  in  premiums  by  each  of  the  sev- 
eral classes  of  occupations  or  industries  and  the 
disbursements  on  account  of  injuries  and  deaths  of 
employes  thereof  and  the  disbursements  for  salar- 
ies and  expenses,  and  it  shall  also  keep  an  account 
of  the  money  received  from  each  individual  em- 
ployer, and  the  amount  disbursed  from  the  Work- 


13^ 

men's  Compensation  Fund  on  account  of  injuries 
and  death  of  the  employes  of  such  employers  should 
any  money  remain  to  the  credit  of  any  class,  at  the 
end  of  any  year,  after  disbursements  on  account  of 
deaths  of  and  injuries  to  employers  of  that  class 
during  such  year,  such  remainder  not  exceeding  ten 
per  cent  of  the  money  paid  into  said  fund  on  ac* 
count  of  such  class  shall  be  set  aside  for  the  crea- 
tion of  a  surplus,  until  the  surplus  shall  be  suffi- 
ciently large  to  guarantee  a  Workmen  \s  Compen- 
sation Fund  for  such  class.  But  claims  for  the 
benefits  under  this  Act  shall  always  have  priority 
over  the  surplus  fund'. 

§  22.  On  the  first  day  of  July,  1915,  and  semi-an- 
nually thereafter,  a  readjustment  of  the  rates  shall 
be  made  for  each  of  the  several  classes  of  occupa- 
tion or  industry,  which  in  the  judgment  of  the 
Board,  have  developed  an  average  loss  ratio  in  ac- 
cordance with  the  experience  of  the  Board  in  the 
administration  of  law,  as  shown  by  the  accounts 
kept,  as  provided  herein. 

§  23.  The  Treasurer  of  the  State  shall  be  the 
custodian  of  the  Workmen's  Compensation  Fund, 
and  all  disbursements  therefrom  shall  be  paid  by 
him  upon  vouchers  furnished  the  Workmen's  Com- 
pensation Board,  and  signed  by  any  two  members 
of  the  Board,  or  such  vouchers  may  bear  the  fac- 
simile signature  of  the  Board  members  printed 
thereon  and  the  signature  of  the  Secretary  of  said 
Board. 

§  24.  -The  State  Treasurer  shall  give  a  separate 
and  additional  bond,  in  such  amount  as  may  be  fixed 
by  the  Governor  with  sureties  to  be  approved  by 
him  conditioned  on  the  faithful  performance  of  his 
duties  as  custodian  of  the  Workmen's  Compensa- 
tion Fund. 

§  25.  The  StateJTreasurer  is  hereby  authorized 
to  deposit  any  portion  of  the  Workmen's  Compen- 
sation Fund,  not  needed  for  immediate  use,  in  the 


14 

same  manner  and  subject  to  all  provisions  of  law 
with  respect  to  the  deposit  of  State  funds  by  such 
Treasurer,  and  all  interest  earned  by  such  portion 
of  the  Workmen's  Compensation  Fund  as  may  be 
deposited  by  said  Treasurer,  in  pursuance  of  au- 
thority herein  given,  shall  be  collected  by  him  and 
placed  to  the  credit  of  such  fund. 

§  26.  The  Workmen's  Compensation  Board 
shall  have  the  power  to  invest  any  surplus  or  re- 
serve belonging  to  the  Workmen's  Compensation 
Fund,  in  bonds  of  the  United  States,  State  of  Ken- 
tucky, or  of  any  county,  city,  school  district  or  tax- 
ing district  of  the  State  of  Kentucky,  at  current 
market  prices  for  such  bonds,  provided  that  such 
purchase  be  authorized  by  a  resolution  adopted  by 
the  Board  and  approved  by  the  Governor. 

§  27.  Every  employer  subject  to  this  Act  who 
shall  elect  to  pay  into  said  Workmen's  Compensa- 
tion Fund  and  receive  the  benefit  of  this  Act,  shall, 
on  or  before  the  1st  day  of  Januarj^,  1915,  and 
monthly  thereafter  in  advance,  and  on  or  before  the 
10th  day  of  each  month  beginning  March  lOth,  1915, 
pay  into  said  Workmen's  Compensation  Fund  the 
amount  of  premiums  so  paid  by  each  emplov 
be  determined  by  the  classification,  rules  and  rates 
made  and  prepared  by  the  Board,  and  a  receipt  or 
certificate,  certifying  that  such  pajTaent  has  been 
made,  shall  immediately  be  mailed  to  such  employer 
by  the  Workmen's  Compensation  Board,  which  re- 
ceipt or  certificate,  attested  by  the  seal  of  the  Board 
shall  be  prima  facie  evidence  of  the  payment  of  such 
premium. 

§  28.  In  order  to  create  a  fund  available  on  the 
application  of  this  Act  as  aforesaid  on  the  first  day 
of  January,  1915,  the  payments  for  the  months  of 
January,  February  and  March,  1915,  inclusive  shall 
be  made  on  or  before  the  first  day  of  January,  1915, 
and  be  preliminary  based  upon  the  pay  roll  of  the 
operations  of  any  three  months  between  July,  1914, 


15 

and  January,  1915,  to  be  selected  by  the  said  Board. 
If  any  employer  be  found  to  have  overpaid  for  such 
three  months,  he  may  deduct  such  over  payment 
from  the  first  monthly  payment  made  to  the  fund. 
If  any  employer  be  found  to  have  underpaid  for 
such  three  months,  he  shall  pay  the  deficiency  made 
by  him  after  the  end  of  said  three  months.  Every 
employer  electing  to  pay  into  said  Workmen's  Com- 
pensation Fund  after  January  1, 1915,  shall  pay  into 
said  fund  three  months  in  advance  the  amount  of 
premium  to  be  based  preliminarily  upon  such  em- 
ployers' pay  roll  for  the  three  months  preceding  the 
application ;  any  over  payment  to  be  credited  on  his 
first  monthly  payment  after  the  expiration  of  said 
three  months  and  any  under  payment  to  be  made  up 
by  him  upon  his  first  monthly  payment  as  herein- 
before pro\ided  with  respect  to  employers  who  elect 
to  pay  into  said  fund  on  or  before  January  1st,  1915 ; 
and  the  Board  shall  make  proper  rules  and  regula- 
tions to  carry  this  provision  into  effect  and  for 
cases  where  the  employer  has  had  no  pay  roll  pre- 
ceding his  application. 

§  29.  It  shall  be  lawful  idr  any  employe  subject 
to  this  Act,  including  persons  under  twenty-one 
years  of  age  to  contract  with  any  employer  subject 
to  this  Act  who  elects  to  pay  the  premiums  herein 
provided  to  be  paid  into  said  Workmen's  Compen- 
sation Fund,  to  accept  the  compensation  provided 
to  be  paid  to  injured  employes  and  the  dependents 
of  those  killed,  and  to  accept  the  benefits  conferred 
on  employes  by  this  Act,  in  lieu  of  any  cause  of 
action  which  he  might  have,  if  injured,  or  that  his 
representative  might  have  if  he  was  thereafter 
killed  through  the  negligence  of  such  employer,  or 
the  negligence  of  his  agents,  servants,  officers  or 
employes,  and  to  waive  all  causes  of  action  against 
such  employer  conferred  by  the  Constitution  or 
Statutes  of  this  State  or  by  the  common  law  for  his 
injury  or  death,  occurring  through  the  negligence 


16 

of  the  employer  or  his  agents  and  such  contract  shall 
be  binding  upon  the  employer  and  upon  the  em- 
ploye and  upon  his  heirs,  personal  representatives 
and  all  persons  claiming  under  or  through  him. 

§  30.  Such  a  contract  between  an  employe  and  his 
employer  shall  be  conclusively  presumed  to  have 
been  made  in  every  case  where  an  employer  has 
elected  to  pay  into  the  Worlonen-s  Compensation 
Fund,  if  said  employe  shall  continue  to  work  for 
said  employer  thereafter,  with  notice  that  the  em- 
ployer has  elected  to  pay  into  said  fund  and  the  post- 
ing of  printed  or  typewritten  notices  in  conspicuous 
places  about  the  employer's  place  of  business  at  the 
time  of  the  elections  of  such  employer  to  pay  into 
the  Workmen's  Compensation  Fund  that  he  has 
elected  to  pay  into  said  Workmens'  Compensation 
Fundi  shall  constitute  sufficient  notice  to  all  such  em- 
ployer's employes  then  or  thereafter  employed  of 
the  fact  that  he  has  made  such  an  election,  and  the 
continuance  in  the  service  of  such  employers  shall 
be  deemed  a  waiver  by  the  employe  of  his  rights  of 
action,  as  aforesaid.  Fjxcept  as  provided  in  Sec- 
tion 32. 

§  31.  Any  employer  subject  to  this  Act,  electing 
to  pay  into  the  Workmen's  Compensation  Fund^  the 
premiums  provided  for  by  this  Act,  shall  not  be  li- 
able to  respond  in  damages  at  common  law  or  by 
statute  for  the  injury  or  death  or  loss  of  service  of 
any  employe  occurring  through  the  negligence  of 
such  employer,  or  his  agent,  servants,  officers,  or 
employes,  during  any  period  of  time  in  which  such 
employer  shall  not  be  in  default  in  the  payment  of 
such  premiums.  Provided,  that  the  injured  employe 
has  remained  in  his  service  after  notice  is  posted  as 
provided  in  Section  31,  that  his  employer  has  elected 
to  pay  into  the  Workmen's  Compensation  Fund  the 
premiums  provided  by  this  Act.  The  continuance  in 
the  service  of  such  employer  or  accepting  service 
after  such  notice  shall  have  been  posted,  shall  be 


17 

deemed)  a  waiver  by  the  employe  of  his  rights  of 
action,  as  aforesaid.    Except  as  in  Section  32. 

§  32.  Any  employe  prior  to  receiving  an  injury 
may  give  notice  to  an  employer  who  has  elected  to 
pay  into  said  fund,  that  he  will  not  accept  the  bene- 
fits of  this  Act  and  waive  his  right  of  action  as  herein 
provided.  Such  notice  shall  be  in  writing  and 
served  on  the  employer  as  provided  by  the  Civil  Code 
for  the  service  of  notices,  and  a  copy  thereof  shall 
be  mailed  by  the  employe  to  the  Workmen  ^s  Com- 
pensation Board.  If  thereafter  such  employe  shall 
be  injured  or  killed  while  employed  by  such  em- 
ployer who  has  elected  to  pay  into  the  said  Work- 
men's Compensation  Fund,  and  an  action  shall  be 
instituted  against  such  employer  to  recover  dam- 
ages for  the  injury  or  death  of  such  employe,  it  shall 
be  sufficient  defense  thereto  and  shall  bar  recovery 
if  the  injury  of  said  employe  was  caused  by  or  con- 
tributed to  by  the  negligence  of  any  other  employe 
of  said  employer,  or  if  the  injury  was  due  to  any  of 
the  ordinary  hazards,  or  risks  of  the  employment, 
or  if  due  to  any  defect  in  the  tools,  machinery,  ap- 
pliances, instrumentality  or  place  of  work,  if  the  de- 
fect was  known  or  could  have  been  discovered  by  the 
injured  employe  by  the  exercise  of  ordinary  care  ou 
his  part,  or  was  not  kno^vTi  or  could  not  have  been 
discovered  by  the  employer  by  the  exercise  of  ordi- 
nary care  in  time  to  have  prevented  the  injury  nor 
in  any  event,  if  the  negligence  of  the  injured  em- 
ploye contributed  to  such  injuries.  But  nothing 
herein  shall  deprive  such  employer  of  any  defense 
not  herein  mentioned.  If  the  employer  is  not  in  de- 
fault in  payment  of  premiums  and  a  recovery  shall 
be  obtained  against  him  in  such  action,  the  said 
Board  shall  pay  on  said  judgment  not  exceeding  a 
sum  equal  to  the  amount  which  the  said  injured  em- 
ploye or  his  dependents  in  case  of  death,  would  have 
been  entitled  to  recover  if  he  had  elected  to  accept 
the  benefit  of  this  Act,  and  the  employer  shall  re- 


18 

ceive  credit  on  said  payment  for  the  payment  made 
by  the  Board.  Such  employes,  at  any  time,  after  he 
has  elected  not  to  accept  the  benefits  of  this  Act  and 
waive  his  right  of  action,  as  in  this  Act  provided, 
may  withdraw  such  election  and  come  under  the  pro- 
visions of  this  Act  and  accept  its  benefits  and  waive 
his  right  of  action  as  herein  provided,  by  giving 
written  notice  to  his  employer  and  to  the  Board ;  and 
shall  thereafter  occupy  the  same  position  as  if  he 
had  originally  elected  to  accept  the  benefits  of  this 
Act  and  waive  his  cause  of  action,  providedi,  that 
such  withdrawal  of  his  election  not  to  accept  the 
benefits  of  this  Act  shall  not  affect  claims  for  dam- 
ages against  his  employer  on  account  of  injuries 
theretofore  received;  nor  entitles  such  injured  em- 
ploye to  be  paid  anything  out  of  the  Workmen's 
Compensation  Fund  on  account  of  such  prior  injury. 

§  33.  The  Commission  shall  disburse  the  Work- 
men's Compensation  Fund  to  such  employes  within 
the  meaning  of  this  Act  of  employers  as  have  paid 
into  such  fund  the  premiums  for  the  period  in  which 
the  injury  occurs,  applicable  to  the  class  to  which 
they  belong  that  shall  have  received  injuries  in  this 
State  in  the  course  of  and  resulting  from  their  em- 
ployment, or  to  the  dependents,  if  any,  of  such  em- 
ployes, in  case  of  his  death,  according  to  the  pro- 
visions hereinafter  made. 

§  34.  All  employers  subject  to  this  Act  who  shall 
elect  not  to  pay  into  the  Workmen's  Compensation 
Fund  the  premiums  provided  by  this  Act,  or  having 
elected  to  pay  shall  be  in  default  in  the  payment  of 
same  shall  be  liable  to  their  employes  within  the 
meaning  of  this  Act,  for  damages  by  reason  of  per- 
sonal injuries  sustained  in  the  course  of  employ- 
ment caused  by  the  wrongful  act,  neglect  or  default 
of  the  employer,  or  any  of  the  employer's  officers, 
agents  or  employers,  amd  also  to  the  personal  repre- 
sentatives of  such  employe  and  in  any  action  by  any 
such  employe  or  personal   representative    thereof, 


19 

such  defendant  shall  not  avail  himself  of  the  follow- 
ing defenses :  The  defense  of  the  fellow  servant ;  the 
defense  of  the  assumption  of  risk,  or  the  defense  of 
contributory  negligence. 

§  35.  The  commission  ishall  disburse  and  pay 
from  the  fund  in  addition  to  any  such  amounts  as 
they  may  be  entitled  thereto  under  this  act,  such 
amounts  for  medical,  nurse  and  hospital  services 
and  medicine  as  it  may  deem  proper,  not,  however, 
in  any  case  to  exceed  the  sum  of  one  hundred  dol- 
lars in  addition  to  such  awards  to  such  em- 
ployes ;  payment  to  be  made  to  the  employer  to  the 
persons  who  may  have  furnished  the  services  and 
supplies  or  to  the  persons  who  may  have  advanced 
payment  for  the  same,  as  the  commission  shall  deem 
proper.  Provided  that  in  case  any  injured  employe 
be  entitled,  to  under  the  contract  connected  with  his 
employment,  or  otherwise,  to  hospital  or  medical 
services  without  further  charge  to  him,  no  payment 
shall  be  made  out  of  the  Workmen  *s  Compensation 
Fund  for  hospital  or  medical  services. 

§  36.  Notwithstanding  anything  hereinbefore  or 
hereafter  contained,  no  employe  or  dependent  of  any 
employe  shall  be  entitled  to  receive  any  sum  from 
the  Workmen's  Compensation  Fund  on  account  of 
any  injury  to  or  death  of  an  employe  caused  by  a 
self-inflicted  injury,  wilful  misconduct  or  intoxica- 
tion of  such  employe.  If  injury  or  death  results  to 
an  employe  through  the  deliberate  intention  of  his 
employer  to  produce  such  injury  or  death,  the  em- 
ploye, the  widow,  widower,  children  or  dependents 
of  the  employe  shall  have  the  privilege  to  take  under 
this  Act,  or  in  lieu  thereof,  to  have  a  causo  of  action 
against  the  employer  as  if  this  Act  had  not  been 
enacted  for  such  damages  as  may  be  sustained  by 
such  employe,  his  personal  representative  or  depend- 
ent. 

Provided,  that  if  a  suit  isf  brought  under  this  sec- 
tion, the  right  to  participate   in  said    Workmen's 


20 

Compensation  Fundi  on  account  of  such  injury,  shall 
be  waived  and  void  as  to  all  persons,  and  if  a  claim 
is  made  for  compensation  from  said  Workmen's 
Compensation  Fund,  all  rights  to  sue  the  employer 
for  damages  for  such  injury  shall  be  waived  and 
void. 

§  37.  In  case  death  ensues  from  the  injury  re- 
ceived reasonable  funeral  expenses,  not  to  exceed 
seventy-five  dollars,  shall  be  paid  from  the 
fund  to  the  personal  representative,  to  the  employe, 
or  to  such  other  person  as  shall  have  advanced  the 
same,  in  addition  to  such  award  to  the  employe's  de- 
pendents. 

§  38.  No  benefit  shall  be  allowed  for  one  week 
after  injury  is  received,  except  the  disbursements 
provided  for  in  Section  35. 

§  39.  In  case  of  temporary  total  disability  the 
employe  shall  receive  fifty  per  cent  of  his  average 
weekly  wages,  so  long  as  such  disability  is  total, 
not  to  exceed  a  maximum  of  twelve  dollars  a 
week,  and  not  less  than  a  minimum  of  five  dol- 
lars a  week,  unless  the  employe's  weekly  wages 
shall  be  less  than  five  dollars  a  week,  in 
which  event,  he  shall  receive  compensation  equal  to 
his  full  wages,  but  in  no  case  to  continue  for  more 
than  six  years  from  the  date  of  the  injury,  or  to 
exceed  three  thousand,  seven  hundred  and  fifty 
dollars. 

§  40.  In  case  of  injury  resulting  in  partial  dis- 
ability the  employe  shall  receive  fifty  per  cent  of 
the  impairment  of  his  earning  capacity  during  the 
continuance  thereof,  not  to  exceed  a  maximum  of 
twelve  dollars  a  week  or  an  aggregate  sum 
of  more  than  three  thousand  seven  hundred  and 
fifty  dollars.  In  cases  including  the  follow- 
ing schedule,  the  disability  in  each  case  shall  be 
deemed  to  continue  for  the  period  specified,  and  the 
compensation  so  paid  for  such  injury  shall  be  as 
specified  herein,  to-wit: 


21 

For  the  loss  of  a  thumb,  fifty  per  cent  of  the  aver- 
age weekly  wages  during  sixty  weeks. 

For  the  loss  of  a  first  finger,  commonly  called  the 
index  finger,  fifty  per  cent  of  the  average  weekly 
wages  during  thirty-five  weeks. 

For  the  loss  of  a  second  finger,  fifty  per  cent  of 
the  average  wages  during  thirty  weeks. 

For  the  loss  of  a  fourth  finger,  commonly  known 
as  the  little  Qnger,  fifty  per  cent  of  the  average  week- 
ly wages  during  fifteen  weeks. 

The  loss  of  the  second,  or  distal  phalange,  or  the 
thumb,  shall  be  considered  to  be  equal  to  the  loss  of 
one-half  of  such  tlnmib;  the  loss  of  more  than  one- 
half  of  such  thumb  shall  be  considered  to  be  equal 
to  the  loss  of  the  whole  thumb. 

The  loss  of  the  tliird,  or  distal  phalange,  of  any 
finger,  shall  be  considered'  to  be  equal  to  the  loss  of 
one-third  of  such  finger. 

.  The  loss  of  the  middle,  or  second  phalange,  of  any 
finger  shall  be  considered  to  be  equal  to  the  loss  of 
two-thirds  of  such  finger. 

The  loss  of  more  than  the  middle  and  distal  phal- 
anges of  any  finger  shall  be  considered  to  be  equal 
to  the  loss  of  the  whole  finger;  provided,  however, 
that  in  no  case  will  the  amount  received  for  more 
than  one  finger  exceed  the  amount  provided  in  this 
schedule  for  the  loss  of  a  hand. 
.  For  the  loss  of  a  metacarpal  bone  (bone  of  palm) 
for  the  corresponding  thumb,  finger,  or  fingers 
above,  add  ten  weeks  to  the  number  of  weeks  as 
above. 

For  ankylosis  (total  stiffness  of)  or  contractures 
(due  to  sears  or  injuries)  which  makes  the  fingers 
more  than  useless,  the  same  number  of  weeks  apply 
to  such  finger  or  fingers  (not  thumb)  as  given  above. 

For  the  loss  of  a  hand  fifty  per  cent  of  the  aver- 
age weekly  wages  during  one  hundred  and  fifty 
weeks. 


22 

For  the  loss  of  an  arm,  fifty  per  cent  of  the  aver- 
age weekly  wages  during  two  hundred  weeks. 

For  the  loss  of  one  of  the  toes,  other  than  the 
great  toe,  fifty  per  cent  of  the  average  weekly  wages 
during  ten  weeks. 

For  the  loss  of  the  great  toe, 'fifty  per  cent  of  the 
average  weekly  wages  during  thirty  weeks. 

The  loss  of  more  than  two-thirds  of  any  toe  shall 
be  considered  equal  to  the  loss  of  the  whole  toe. 

The  loss  of  less  than  two-thirds,  of  any  toe  shall 
be  considered  equal  to  the  loss  of  one-half  toe. 

For  the  loss  of  a  foot,  fifty  per  cent  of  the  aver- 
age weekly  wages  during  one  hundred  and  twenty- 
five  weeks. 

For  the  loss  of  a  leg,  fifty  per  cent  of  the  average 
weekly  wages  during  two  hundred  weeks. 

For  loss  of  an  eye,  fifty  per  cent  of  the  average 
weekly  wages  during  one  hundred  weeks. 

The  amounts  specified  in  this  clause  are  all  sub- 
ject to  the  limitations  as  to  the  maximum  weekly 
amount  payable  as  hereinbefore  specified  in  thi§ 
action. 

For  the  loss  of  a  third  finger,  fifty  per  cent  of 
average  weekly  wages  during  twenty  weeks. 

§  41.  In  case  of  permanent  total  disability  the 
award  shall  be  fifty  per  cent  of  the  average  weekly 
wages  and  shall  continue  until  the  death  of  such  per- 
son so  totally  disabled,  but  not  to  exceed  a  maximum 
of  twelve  dollars  per  week  and  not  less 
than  a  minimum  of  five  dollars  per  week^ 
at  the  time  of  the  injury,  in  which  event  he  shall  re- 
ceive compensation  in  an  amount  equal  to  his  aver- 
age weekly  wages. 

The  loss  of  both  hands  or  both  arms,  or  both  feet 
or  both  legs,  or  both  eyes,  or  any  two  thereof,  shall 
prima  facie  substitute  total  and  permanent  disability 
to  be  compensated  according  to  the  provisions  of 
this  section. 


23 

'J  42.  In  case  the  injury  causes  death  within  the 
period  of  two  years,  the  benefits  shall  be  in  the 
amount  and  to  the  persons  following: 

Sub-sec.  1.  If  there  are  no  dependents  the  dis- 
bursements from  the  Workmen's  Compensation 
Fund  shall  be  limited  to  the  expense  provided  for  in 
Sections  35  and  37.  And  the  said  Board  shall  have 
the  sole  right  of  action  to  recover  from  an  employer 
who  has  elected  to  pay  into  said  fund  who  is  not  in 
default  in  the  payment  of  premiums  for  the  death 
of  an  employe  leaving  no  dependent  caused  by  negli- 
gence of  such  employer  or  his  employes  or  agents. 

Sub-sec.  2.  If  there  are  wholly  dependent  per- 
sons at  the  time  of  death,  the  payment  shall  be  fifty 
per  cent  of  the  average  w^eekly  wages  and  to  con- 
tinue for  the  remainder  of  the  period  between  the 
date  of  death  and  six  years  after  the  date  of  the  in- 
jury and  not  to  exceed  the  maximum  of  three  thou- 
sand seven  hundred  and  fifty  dollars  nor  less  than 
the  minimum  of  one  thousand  five  hundred  dollars. 

Sub-sec.  3.  If  there  are  partly  dependent  persons 
at  the  time  of  death,  the  payment  shall  be  fifty  per 
cent  of  the  average  weekly  wages  and  to  continue 
for  all  or  such  portion  of  the  period  of  six  years 
after  the  date  of  injur}^,  as  the  Board  in  such  case 
may  determine,  and  not  to  amount  to  more  than  a 
maximum  of  three  thousand  seven  hundred  and 
fifty  dollars  ($3,750.00). 

Sub-sec.  4.  The  following  persons  shall  be  pre- 
sumed to  be  wholly  dependent  for  support  on  a  de- 
ceased employe:  (a)  A  wife  upon  a  husband  with 
whom  she  lives  at  the  time  of  his  death;  (b)  A  child, 
or  children  under  the  age  of  sixteen  years  (or  over 
sixteen  years,  physically  or  mentally  incapacitated 
from  earning)  upon  the  parent  with  whom  she  is 
Hying  at  the  time  of  the  death  of  such  parent.  In 
all  other  cases  the  question  of  dependency  in  whole 
or  in  part  shall  be  determined  in  accordance  with 


24 

the  facts  in  each  particular  case  of  such  employe 
but  no  persons  shall  be  considered  as  a  dependent 
unless  a  member  of  the  family  of  the  deceased  em- 
ploye, or  bears  to  him  the  relation  of  widower  or 
widow,  lineal  descendants,  ancestor  or  brother  or 
sister.  The  word  ^^ child"  as  used  in  this  act,  shall 
include  a  posthumous  child,  and  a  child  legally 
adopted  prior  to  the  injury. 

§  43.  The  benefits  in  case  of  death  shall  be  paid 
to  such  one  or  more  of  the  dependents  of  the  de- 
ceased for  the  benefit  of  all  the  dependents  as  may 
be  determined  by  the  Board,  which  may  apportion 
the  benefits  among  the  dependents  in  such  manner 
as  it  may  deem  just  and  equitable.  Payment  to  a  de- 
pendent subsequent  in  right  may  be  made,  if  the 
Board  deems  it  proper,  and  shall  operate  to  dis- 
charge all  other  claims  therefor.  The  dependent  or 
person  to  whom  benefits  are  paid,  shall  apply  the 
same  to  the  use  of  the  several  beneficiaries  thereof, 
according  to  their  respective  claims  upon  the  deced- 
ent for  support  in  compliance  with  the  finding  and 
direction  of  the  Board. 

In  all  cases  of  death  where  the  dependents  are  a 
widow  and  one  or  more  minor  children,  it  shall  be 
sufficient  for  the  widow  to  make  application  to  the 
Board  on  behalf  of  herself  and  minor  children  and 
in  cases  where  all  of  the  dependents  are  minors,  the 
application  shall  be  made  by  guardian  of  such  minor 
dependent  or  dependents.  The  persons  and'  classes 
of  persons  by  this  act  specified  shall  be  deemed  to 
be  the  sole  dependents  of  such  employes  and  no 
other  person,  or  class  of  persons  shall  receive  any 
benefit  from  the  fund  hereby  credited.  And  should 
any  employe  leave  surviving  him  no  such  dependent, 
the  amount  that  would  be  due  and  payable  to  his  de- 
pendents, had  any  survived  him,  shall  be  paid,  or 
credited  to  the  Workmen's  Compensation  Fund,  to 
the  credit  of  the  class  to  which  such  employe  be- 
longed. 


25 

§  44.  The  average  weekly  wages  of  the  injured 
person  at  the  time  of  the  injury,  shall  be  taken  as 
the  basis  upon  which  to  compute  benefits. 

§  45.  Whenever  the  Board  shall  find  that  an  em- 
ploye has  been  injured  without  fault  on  his  part 
while  in  the  course  of  his  employment,  through  the 
negligence  of  the  employer  in  the  failure  to  dis- 
charge a  non-delegable  duty,  the  Board  may  require 
such  employer  to  pay  an  additional  premium  into 
said  Workmen's  Compensation  Fund  equal  to  an 
amount  not  exceeding  ten  per  cent  of  the  sum 
awarded  by  the  Board  to  such  injured  employe  or 
his  dependents.  Said  premium  shall  be  paid  within 
thirty  days  after  the  order  is  made.  Before  making 
an  order  to  pay  such  additional  premium,  the  Board 
shall  give  ten  days '  notice  in  writing,  to  the  employ- 
er, to  show  cause  against  the  order. 

§  46.  Whenever  the  Board  shall  find  that  an  em- 
ploye has  received  an  injury  in  the  course  of  his  em- 
plojTQent,  through  the  fault  of  his  employer  in  fail- 
ing to  comply  with  any  Statute  for  the  protection  of 
employes,  the  Board  shall  fix  a  day  on  which  the 
employer  may  appear  before  the  Board  and  show 
any  cause  he  may  have  against  said  finding,  or 
against  the  Board  awarding  the  additional  sum  here- 
in provided,  ten  days'  notice  in  writing,  shall  be 
given  the  employer  of  the  time  and  place  of  said 
hearing.  If  no  sufficient  cause  is  shown  by  the  em- 
ployer against  the  finding  of  the  Board,  it  shall 
enter  an  order  to  that  effect  and  the  employer  shall, 
within  ninety  days,  pay  into  and  for  the  benefit  of 
the  Workmen's  Compensation  Fund  a  sum  to  be 
fixed  by  the  Board  in  its  order  not  to  exceed  an 
amount  equal  to  twenty-five  per  cent  of  the  amount 
awarded  to  the  said  injured  employe,  or  his  depend- 
ents, under  sections  39  to  42  of  this  Act.  Said  pay- 
ment shall  be  made  by  the  employer  in  a  lump  sum. 

§  47.  In  case  any  minor  employe  who  is  illegally 
employed  shall  be  injured  or  killed,  in  the  course  of 


26 

his  employment,  his  statutory  guardian  or  his  repre- 
sentative, if  the  infant  is  killed,  may  claim  compen- 
sation under  the  terms  of  this  Act  or  sue  as  though 
this  Act  had  not  been  passed.  In  the  event  claim  is 
made  for  the  injury  or  death  of  such  infant  or  com- 
pensation from  said  Workmens'  Cfompensation 
Fund,  the  Board  shall  in  addition  to  the  sum  award- 
ed and  payable  from  the  Workmen's  Compensation 
Fund  award  an  equal  amount  against  the  employer 
of  said  infant  not  to  exceed  the  sum  of  two  thousand 
dollars.  The  amount  awarded  against  him 
shall  be  paid  by  the  Board  to  the  said  infant  or 
to  his  guardian,  or  representative  if  the  infant  is  kill- 
ed in  installment,  or  in  a  lump  sum  as  the  Board 
may  determine  as  provided  for  the  payment  of 
awards  from  said  Workmen's  Compensation  Fund. 
Before  any  order  is  made  requiring  an  employe  to 
pay  any  sum  to  the  guardian  or  the  representative 
of  such  infant,  under  this  section  of  the  claim,  to 
compensation  undter  this  section,  notice  of  the  time 
and  place  of  the  hearing  of  said  claim  by  the  Board, 
shall  be  given  to  the  employer  and  the  employer  shall 
have  the  right  to  be  heard  and  to  introduce  evidence 
on  the  question  of  his  liability. 

Provided,  that  a  claim  made  to  compensation  from 
said  Workmen's  Compensation  Fund  by  the  guard- 
ian of  the  infant  or  his  personal  representative,  if 
the  infant  is  killed',  shall  be  a  waiver  and  bar  of  all 
rights  of  action  on  account  of  said  injury  to  said  in- 
fant, and  the  institution  of  an  action  by  the  guard- 
ian or  representative  of  the  infant,  shall  be  a  waiver 
of  the  right  to  compensation  from  said  Workmen's 
Compensation  Fund. 

§  48.  Should  a  further  accident  occur  to  an  em- 
ploye receiving  periodical  payments  under  this  Act, 
for  a  temporary  disability,  or  who  has  been  pre- 
viously the  recipient  of  a  lump  sum  payment  under 
this  Act,  his  future  compensation  shall  be  adjusted 
according  to  the  other  provisions  of  this  Act  with 


27 

reference  to  the  combined  effect  of  his  injuries  and 
his  past  receipt  of  money,  under  this  Act. 

§  49.  The  powers  and  jurisdiction  of  the  Board, 
over  each  and  every  case  shall  be  continuing,  and  it 
may  from  time  make  such  modifications  or  changes 
\\dth  respect  to  former  findings  or  orders  with  re- 
spect thereto,  as  its  opinion,  may  be  justified. 

§  50.  The  Board,  under  special  circumstances 
and!  when  the  same  is  deemed  ad\isable,  may  com- 
mute periodical  benefits  to  one  or  more  lump  sum 
pajTnents. 

§  51.  Compensation  before  payment  shall  be 
exempt  from  all  claims  of  creditors  and  from  any  at- 
tachments, executions  or  lien,  and  shall  be  paid  only 
to  such  persons  as  shall  be  entitled  to  take  under  this 
Act,  and  any  assignment  of  such  claim  shall  be  void. 

§  52.  The  Board  shall  have  full  power  and  au- 
thority to  hear  and  determine  all  questions  within 
its  jurisdiction  and  its  decision  thereon  shall  be  final. 
Provided,  however,  in  case  the  final  action  of  such 
board  denies  the  right  of  the  claimant  to  participate 
at  all  in  such  fund!  on  the  ground  that  the  accident 
did  not  arise  in  the  course  of  employment,  or  upon 
any  other  ground  going  to  the  basis  of  the  com- 
plainant's right,  then  the  claimant,  within  thirty 
days  after  notice  of  the  final  action  of  the  Board, 
may  file  a  petition  against  the  Board  in  the  circuit 
court  of  the  county  wherein  the  injury  was  inflicted, 
asserting  his  rights  therein,  to  participate  in  said 
fund.  In  such  action,  the  Commonwealth's  Attorney 
and  the  County  Attorney,  in  the  circuit  court,  and 
the  Attorney  General  in  the  Court  of  Appeals,  if  the 
case  is  appealed,  shall  represent  the  Workmens' 
Compensation  Board.  Said  action  shall  proceed  as 
ordinary  actions  in  the  Circuit  Court,  and  if  the 
court  shall  find  and  adjudge  that  the  plaintiff  is  en- 
titled to  participate  in  such  fund,  the  Board  shall 
fix  his  compensation  within  the  limits  and  under  the 
rules  prescribed  in  this  Act.  Such  action  shall  have 


28 

the  same  precedence  on  the  trial  dockets  of  the  cir- 
cuit court  and  the  Court  of  Appeals,  as  election  con- 
test cases  now  have. 

§  53.  The  Workmen's  Compensation  Board  shall 
not  be  bound  by  the  usual  common  law  or  statutory 
rules  of  evidence  or  by  any  technical  or  formal  rules 
of  procedure  other  than  as  herein  provided ;  but  may 
make  the  investigation  in  such  manner  as  in  its  judg- 
ment is  best  calculated  to  ascertain  the  substantial 
rights  of  the  parties  and  to  carry  out  justly  the 
spirit  of  this  Act. 

§  54.  A  minor  legally  employed  shall  be  deemed 
sui  juris  for  the  purpose  of  this  Act,  and  no  other 
person  shall  have  any  cause  of  action  or  right  to 
compensation  for  an  injury  to  such  minor  workmen 
or  loss  of  service  on  account  thereof,  but  in  the  event 
of  the  awardi  of  a  lump  sum  of  compensation  to  such 
minor  employe,  such  sum  shall  be  paid  only  to  the 
legally  appointed  guardian  of  such  minor. 

§  55.  No  agreement  by  an  employe  to  waive  his 
rights  to  compensation  under  this  Act  shall  be  valid. 
No  agreement  by  an  employe  to  pay  any  portion  of 
the  premium  paid  by  his  employer  into  the  work- 
men 's  compensation  fund  shall  be  valid,  and  any  em- 
ployer who  deducts  any  portion  of  such  premirma 
from  the  wages  or  salary  of  any  employe  entitled  to 
the  benefits  of  this  Act  shall  be  guilty  of  a  misde- 
meanor au'd  upon  conviction  thereof,  shall  be  fined 
not  more  than  one  hundred  dollars  for  each  such 
offense. 

§  56.  Any  employe  claiming  the  right  to  receive 
compensation  under  this  Act  may  be  required  by 
the  Board  or  its  chief  medical  examiner,  to  submit 
himself  for  medical  examination  at  any  time  and 
from  time  to  time  at  a  place  reasonably  convenient 
for  such  employe,  and  as  may  be  provided  by  the 
rules  of  the  Board.  If  such  employe  refuse  to  sub- 
mit to  any  such  examination  or  obstruct  the  same, 
his  right  to  have  his  claim  for  compensation  con- 


29 

sidered,  if  his  claim  be  pending  before  tbe  Board, 
or  to  receive  any  payments  for  compensation  there- 
tofore granted,  shall  be  suspended  during  the  period 
of  such  refusal  or  obstruction. 

§  57.  All  books,  records  and  pay  rolls  of  the  em- 
ployers of  the  State,  showing  or  reflecting  in  any 
way  upon  the  amount  of  wage  expenditure  of  such 
employers,  shall  always  be  open  for  inspection  by 
the  Board  of  any  of  its  traveling  auditors,  inspec- 
tors, or  assistants,  for  the  purpose  of  ascertaining 
the  correctness  of  the  wage  expenditure,  the  number 
of  men  employed  and  such  other  pertinent  informa- 
tion as  may  be  necessary  for  the  uses  andi  purposes 
of  the  Board  in  its  administration  of  the  law.  Re- 
fusal on  the  part  of  any  employer  to  submit  his 
books,  records  and  pay  rolls  for  the  inspection  of 
any  member  of  the  Board  or  traveling  auditor,  in- 
spector or  assistant  presenting  written  authority 
from  the  Board,  shall  subject  such  employers  to 
a  penalty  of  one  hundred  dollars  for  each  offense, 
to  be  collected  by  civil  action  in  the  name  of  the 
State,  and  paid  into  the  Workmens'  Compensation 
Fund  to  become  a  part  thereof. 

§  58.  Any  employer  who  fraudulently  misrepre- 
sents to  the  Board  the  amount  of  pay  roll  upon  which 
the  premium  under  this  Act  is  based,  shall  be  liable 
to  the  State  in  ten  times  the  amount  of  the  differ- 
ence in  premium  paid  and  the  amount  the  employer 
should  have  paid.  The  liability  of  the  Board  under 
this  section  shall  be  enforced  in  a  civil  action  by  the 
Board  and  all  sums  collected  under  this  section  shall 
be  paid  into  the  Workmen's  Compensation  Fund. 

§  59.  The  provisions  of  this  Act  shall  apply  to 
employers  and  their  employes  engaged  in  intra- 
state and  also  in  interstate  and  foreign  commerce 
for  whom  a  rule  or  liability  or  method  of  compen- 
sation has  been  or  may  be  established  by  the  Con- 
gress of  the  United  States,  only  to  the  extent  that 
their  mutual  connection  with  the  intrastate  work 


30 

may  and  shall  be  clearly  separable  and  distinguish- 
able from  interstate  or  foreign  commerce,  and'  then 
only  when  such  employer  and  any  of  his  workmen 
working  only  in  this  State,  with  the  approval  of  the 
Board  and  as  far  as  not  forbidden  by  any  Act  of 
Congress,  voluntarily  accept  the  provisions  of  this 
Act  by  filing  written  acceptances,  which,  when  filed 
with  and  approved  by  the  Board,  shall  subject  the 
acceptors  irrevocably  to  the  provisions  of  this  Act 
to  all  intents  and  purposes  and  if  they  had  been 
originally  included  in  its  terms,  during  the  period 
or  periods  for  which  the  premiums  herein  provided 
have  been  paid.  Payment  of  premiums  shall  be  on 
the  basis  of  the  pay  roll  of  the  workmen  who  accept, 
as  aforesaid. 

§  60.  Every  employer  shall  keep  a  record  of  all 
injuries,  fatal  or  otherwise,  received  by  his  employes 
in  the  course  of  their  employment.  Within  a  week 
after  the  occurrence  of  an  accident  resulting  in  per- 
sonal injur}^,  a  report  thereof  shall  be  made  in  writ- 
ing to  the  Workmen's  Compensation  Board  upon 
blanks  to  be  procured  from  the  Board  for  that  pur- 
pose. Such  report  shall  contain  the  name  and  na- 
ture of  the  business  of  the  employer,  the  location  of 
his  establishment  or  place  of  work,  the  name,  ad- 
dress and  occupation  of  the  injured  employe,  and 
shall  state  the  time,  the  nature  and  cause  of  injury 
and  such  other  pertinent  information  as  may  be  re- 
quired by  the  Board.  Any  employer  who  refuses  or 
neglects  to  make  any  report  required  by  this  section, 
shall  be  punished  by  a  fine  of  not  more  than  five  hun- 
dred dollars  for  each  offense.  An  injured  em- 
ploye, if  he  is  able  so  to  do,  and  the  attending 
physician,  whether  the  injury  results  in  the  death 
of  such  employe  or  not,  and  within  one  week  from 
the  time  of  such  injury  or  death,  shall  give  written 
notice  to  the  employer  and  the  Board  of  such  in- 
jury, stating  the  nature  and  extent  thereof,  the  time 
and  place  of  its  occurrence,  the  name,  addtess,  and 


31 

occupation  of  such  injured  employe,  and  the  names 
and  addresses  of  the  person  present  at  the  time  of 
the  injury,  so  far  as  such  names  and  addresses  are 
known,  or  can  be  obtained.  Any  employes  or  phy- 
sician failing  or  refusing  to  make  report  as  by  this 
section  required,  shall  be  punished  by  a  fine  not  ex- 
ceeding twenty-five  dollars.  And  the  Board  may 
in  its  discretion,  if  such  injured  employe,  or  his 
dependents  are  subsequently  found  to  be  entitled  to 
any  pa^Tiients  out  of  the  compensation  fund,  deduct 
any  amount,  not  exceeding  said  sum  of  twenty-five 
dollars  from  the  benefits  payable  hereunder,  or 
from  the  amount  that  might  otherwise  be  paid  to 
said  attending  physician,  should  such  physician  fail 
to  make  such  report. 

§  61.  Upon  the  request  of  the  Board,  the  Attor- 
ney General,  or  nnder  his  direction,  the  County  or 
Commonwealth  Attorney  of  any  county,  shall  insti- 
tute and  prosecute  the  necessary  actions  or  pro- 
ceedings for  the  enforcement  of  any  of  the  pro- 
visions of  this  Act,  or  for  the  recovery  of  any  money 
due  the  Workmen's  Compensation  Fund,  or  any 
penalty  herein  provided  for,  arising  within  the 
county  in  which  he  was  elected  and  shall  defend  in 
like  manner  all  suits,  actions  or  proceedings  brought 
against  the  Board  or  the  members  thereof  in  their 
official  capacity.  ■ 

§  62.  All  judgments  contained  in  any  action 
prosecuted  by  the  Board  under  the  authority  of  this 
Act,  shall  have  the  same  preference  against  the  as- 
sets of  the  employer  as  it  now  or  may  be  hereafter 
allowed  by  law  on  judgments  rendered  for  claims 
for  taxes. 

§  63.  If  any  employer  shall  default  in  any  pay- 
ment required  to  be  made  by  him  to  the  Workmen's 
Compensation  Fund,  the  amount  due  by  him  shall 
be  collected  by  civil  action  against  him  in  the  name 
of  the  Board  as  plaintiff.  Such  actions  may  be 
brought  either  in  the  Franklin  Circuit  Court  or  in 


32 

the  Circuit  Court  in  the  county  in  which  the  defend- 
ant resides  or  has  his  principal  place  of  business. 

§  64.  Annually  on  or  before  the  15th  day  of  Dec- 
ember such  Board  shall  make  a  report  to  the  Gover- 
nor for  the  preceding  fiscal  year,  which  shall  in- 
clude a  statement  of  the  number  of  awards  made  by 
it,  a  general  statement  of  the  cause  of  accident  lead- 
ing to  the  injuries  for  which  the  award's  were  made 
and  detailed  statement  of  the  disbursements  from 
the  expense  fund  and  the  condition  of  its  respective 
funds,  together  with  any  other  information  which 
the  Board  deems  proper  to  call  to  the  attention  of 
the  Governor,  including  any  recommenda^tions  it 
may  have  to  make,  and  it  shall  be  the  duty  of  the 
Board  from  time  to  time  to  publish  and  distribute 
among  employers  and  employes  such  general  in- 
formation as  to  the  business  transacted  by  the  de- 
partment as  in  its  judgment  may  be  useful. 

§  65.  The  Board  shall  cause  to  be  printed  in 
proper  form  for  distribution  to  the  public,  its  classi- 
fications, rates,  regulations  and  rules  of  procedure, 
and  shall  furnish  the  same  to  any  person  upon  ap- 
plication therefor,  and  the  fact  that  such  classifica- 
tions, rates,  rules,  regulations  and  rules  of  procedure 
are  printed  ready  for  distribution  to  all  who  may 
apply  for  same,  shall  be  sufficient  publication  of  the 
same,  as  required  by,  this  Act. 

§  66.  If  any  employer  shall  be  adjudged  to  be 
outside  the  lawful  scope  of  this  Act,  the  Act  shall  not 
apply  to  him  or  his  employes;  or  if  the  employe  shall 
be  adjudicated  to  be  outside  the  lawful  scope  of  this 
Act,  because  of  the  remoteness  of  his  work. from 
the  hazard  of  his  employer's  work,  such  adjudica- 
tion shall  not  impair  the  validity  of  this  Act  in  other 
respects,  and  every  such  case  as  accounting,  accord- 
ing with  the  justice  of  the  case,  shall  be  had  of  the 
moneys  received.  If  the  provisions  of  this  Act  for 
the  creation  of  the  fund  or  the  provision  of  the  Act 
authorizing  employes  to  waive     causes    of  action 


33 

against  employers  for  injuries  received  in  the 
course  of  their  employment  and  making  the  compen- 
sation to  the  employes  and  their  beneficiaries  pro- 
vided in  this  Act  exclusive  of  any  other  remedy  on 
the  part  of  the  employe,  shall  be  held  invalid,  the  en- 
tire Act  shall  thereby  be  invalidated  and  an  account- 
ing according  to  the  justice  of  the  case  shall  be  had 
of  money  received.  In  other  respects  an  adjudica- 
tion of  the  invalidity  of  any  part  of  this  Act  shall 
not  effect  tha  validity  of  this  Act  as  a  whole  or  any 
part  thereof. 

§  67.  If  a  single  establishment  or  works  com- 
prises several  occupations  listed  in  Section  15  in  dif- 
ferent risk  classes  the  premiums)  shall  be  computed 
according  to  the  pay  roll  of  each  occupation  if  the 
occupations  are  clearly  separable;  other^vise  an 
average  rate  of  premium  shall  be  charged^  for  the  en- 
tire establishment  taking  into  consideration  the  num- 
ber of  employes  and  the  relative  hazards  of  the  em- 
ployes in  the  several  occupations. 

§  68.  If  the  employe  of  an  employer  who  has 
elected  to  accept  the  provisions  of  this  Act,  is  in- 
jured by  the  neghgence  or  wrong  of  another  person 
not  in  the  same  emplo}Tnent  the  injured  employe,  or 
if  death  resulted  from  the  injury,  his  dependents, 
as  the  case  may  be,  shall  elect  whether  to  take  under 
act  or  seek  a  remedy  against  such  other  persons, 
such  election  to  be  in  advance  of  instituting  any 
suit;  and,  if  he  take  under  this  act,  the  cause  of 
action  against  such  other  person  shall  be  and  is 
hereby  assigned  to  the  Board  for  the  benefit  of  the 
compensation  fund ;  if  the  other  choice  is  made,  the 
compensation  fund  shall  contribute  only  the  defi- 
ciency, if  any,  between  the  amount  of  the  recovery 
against  such  third  person  actually  collected  and  the 
amount  of  compensation  pro^-ided  by  this  Act  for 
such  case. 

If  such  injury  is  due  to  the  joint  negligence  of  his 
employer  and  any  other  person  not  in  the  same  em- 


34 

ployment,  and  the  injured  employe,  or  in  case  of 
death  resulting  from  the  injury,  his  dependents  as 
the  case  may  be  shall  have  elected  to  take  compen- 
sation under  this  Act,  the  causes  of  action  against 
the  other  joint  tort  feasor  shall  be  and  is  hereby 
assigned  to  the  Board  for  the  benefit  of  the  compen- 
sation fund. 

Any  cause  of  action,  so  assigned  to  the  Board,  may 
be  prosecuted  or  compromised,  in  the  discretion  of 
the  Board.  Any  compromise  by  the  injured'  employe 
or  his  dependent,  in  the  case  of  death,  of  any  such 
suit,  which  would  leave  a  deficiency  to  be  made  good 
out  of  the  compensation  fund,  shall  be  made  only 
with  the  written  approval  of  the  Board. 

§  69.  This  Act  shall  not  effect  any  Section  pend- 
ing or  cause  of  action  existing  on  the  31st  day  of 
December,  1914. 

§  70.  Notwithstanding  anything  in  this  Act,  any 
employer  filing  notice  with  the  Workmen 's  Compen- 
sation Board,  of  his  intention  so  to  do,  and  upon  fur- 
nishing satisfactory  proof  to  said  Board  of  his  solv- 
ency and  financial  ability  to  pay  the  compensation 
and  benefits  herein  before  provided,  may  make  said 
payments  direct  to  his  employes  as  they  may  be  en- 
titled to  receive  same  under  the  terms  and  condi- 
tions of  tliis  Act,  and  any  employer  electing  to  ad- 
minister the  compensation  fundi  direct  to  his  em- 
ployes shall  have  the  benefit  of  all  the  provisions  of 
this  Act  as  though  said  fund  were  paid  into  and 
administered  by  said  Board. 

§  71.  Nothing  in  this  Act  shall  prevent  any  em- 
ployer carrying  his  own  risk  from  insuring  bis  li- 
ability in  any  liability  company  authorized  to  do 
business  in  the  State,  provided  the  amounts  to  be 
paid  are  not  less  than  that  provided  in  this  Act. 

§  72.  In  case  any  employer  carrying  his  own  risk 
cannot  agree  with  an  employe  on  the  payments  as 
provided  for  in  this  Act,  such  employe  shall  have 
the  right  to  submit  his  claim  in  writing  within  sixty 


•  •", 


35    .:.:..::    '.':\'<:^''' 

days  to  the  Workmen's  Compensation  Board,  and  it 

shall  be  the  duty  of  the  Board  to  delegate  one  of  its 
members  to  investigate  said  claim  and  endeavor 
under  the  provisions  of  this  Act  to  reach  a  satisfac- 
tory settlement  of  the  claim.  In  event  the  final  action 
of  the  member  of  the  Board  denies  the  right  of  the 
claimant  to  participate  in  the  fund  as  provided  in 
Section  52,  then  the  claimant  may  proceed  as  pro- 
vided in  Section  52,  and  compensation,  if  awarded 
the  claimant, -shall  be  fixed  as  provided  in  Section 
52,  and  in  the  event  the  employer  feels  that  the 
award  should  not  have  been  granted,  he  shall  have 
the  right  of  appeal  to  the  circuit  court  and  from  the 
circuit  court  as  in  other  cases. 

§  73.  The  application  of  this  Act,  as  between 
employers  and  employe,  shall  date  from  and  include 
the  first  day  of  January,  1915. 

§  74.  Every  employer  subject  to  this  Act  who 
shall  on  or  before  November  1,  1914,  elect  not  to 
pay  into  said  Workmen's  Compensation  Fund  and 
receive  the  benefits,  hereof,  shall  on  or  before  the 
first  day  of  November,  1914,  so  notify  the  Board  in 
writing,  and  any  such  employer  not  so  notifying  the 
Board  shall  on  or  before  January  1st,  1915,  pay  into 
the  fund  the  premiums  as  provided  in  Section  27, 
hereof.  Employers  who  elect  to  accept  the  benefits 
hereof,  and  pay  into  said  Workmen's  Compensation 
Fund,  may  at  the  time  fixed  for  making  any  such 
payment,  withdraw  from  the  benefits  hereof,  and 
thereafter  be  relieved  from  further  pajnnents,  but 
notice  of  such  withdrawal  shall  be  served  on  the 
Board  and  posted  by  written  or  printed  notices  in 
at  least  three  conspicuous  places  about  his  plant. 
Such  employer,  may,  however,  at  any  time  there- 
after again  elect  to  come  under  the  provisions 
hereof  by  making  payment  of  premium  and  posting 
notices  as  originally  required.  If  any  employes  ol 
an  employer  not  entitled  to  the  benefits  hereof,  or 
the  dependents  of  such  employe  in  case  of  his  death, 


oo 


shall  make  application  to  the  Board  for  bene^ts 
hereunder,  it  shall  be  the  duty  of  the  Board  to  at 
once  notify  such  employe,  or  his  dependents  of  the 
fact  that  such  employer  is  not  entitled  to  the  benelits 
of  this  Act. 

§  75.  Applications  for  benefits,  hereunder,  shall 
be  made  by  the  injured  employe  or  his  dependents, 
within  one  year  from  the  time  of  the  injury,  and  if 
not  so  made  within  said  time,  shall  thereafter  be 
barred  and  not  allowed  by  the  Board. 

Members  of  *^The  Workmen's  Compensation 
Board''  shall  be  considered  as  officers,  and  shall  take 
the  oath  prescribed  by  the  Constitution  and  laws  of 
Kentucky,  and  shall  give  bond  for  the  faithful  per- 
formance of  their  duties,  which  bonds  shall  be  ap- 
proved by  the  Governor  and  kept  on  file  in  the  office 
of  the  Secretary  of  State,  and  any  action  on  said 
bonds  for  breach  thereof,  shall  be  instituted  by  spe- 
cial counsel  employed  by  the  Governor  and  shall  be 
in  the  name  of  the  Commonwealth. 

Approved  March  21,  1914. 


(iaylord  Bros. 

Makers 

Syracuse,  N.  Y 

PAT.  JAU.  21   1908 


293^66 


/  uj  y 


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